Ford: we may not have caused contamination

In an attempt to avoid what could be a $150 million-plus clean up, Ford Motor Co. denies that it is definitely responsible for contamination of groundwater at and near its demolished Shelby Township factory and contends the possible hazards have been exaggerated.

Ford attorney Kenneth McIntyre argued in court Monday against an injunction and summary disposition sought by Shelby Township officials and a developer for removal of contaminants found on and around the old plant site near 23 Mile and Mound roads.

The township and Grand Sakwa North Shelby LLC, which owns the adjacent parcel, want the contaminants TCE and TCA removed as soon as possible at a cost of up to $157 million because they fear the health-threatening chemicals are not only getting worse at the existing locations but are spreading to township’s baseball/recreation facilities near 23 Mile Road and Van Dyke and possibly to the nearby subdivision Central Park Manor.

But McIntyre said in court before Macomb Circuit Judge Richard Caretti the township can’t prove the chemicals have spread.

Advertisement

“There is no immediate health risk,” McIntyre said. “We don’t have a problem with kids playing in a park or residents using wells.”

Ford agrees there is contamination but McIntyre called “premature” the conclusion that Ford caused it. He suggested prior plant occupants, including Visteon, Packard and the U.S. Air Force, could be responsible. The site was an auto plant from 1951 to 2009.

Referring to township-hired expert James Dragun, McIntyre said, “There’s not been a peep from Dr. Dragun or anyone else that Ford discharged TCE. He has no facts to pinpoint any discharge at any point and by whom.”

“They have not identified any pathways” for spreading, he added.

McIntyre asked the judge to maintain the existing Oct. 1 trial date, which attorneys agreed would be a battle of experts. A settlement conference with Caretti is scheduled for Wednesday.

McIntyre said the judge needs to determine whether the levels of TCE and TCA are dangerous. He noted that new homes built on the adjacent tract would not use well water but piped in water for drinking.

“We’re talking about TCE levels that can be dealt with … by conventional means,” he said.

But township attorney Robert Kirk said Ford should start cleaning up as soon as possible since Indiana Metal, which now owns the parcel, is virtually done with demolition. The plants’ foundation and parking lots will remain for the time-being.

“This started in 2010,” Kirk told the judge. “(The cleanup) should be expedited. We want to protect the public’s health and welfare … and the tax base of Shelby Township.”

Grand Sakwa’s attorney, Joe Viviano, in arguing for an immediate cleanup, said a trial isn’t necessary. He suggested the judge could conduct an evidentiary hearing soon. “In three months, they will tell you exactly the same thing,” he said.

Viviano said test results clearly show unsafe levels. The 3,100 parts per billion of the chemicals found in water and vapors at the worst locations on the plant site and about 600 parts per billion found on the Grand Sakwa site far exceed the federal limit of 9.8 parts per billion for vapors and 5 parts per billion for drinking water.

He said Grand Sakwa will not be able to sell homes it builds on the vacant land unless it is cleaned to safe levels. He referred to the fact that homeowners would not be able to install a basement sump pump due to potential exposure to “carcinogens” in vapor.

“That’s not exactly a great marketing pitch, your honor,” he said.

McIntyre noted that many subdivisions have been build on contaminated land in Michigan but conceded that Grand Sakwa probably would have to sell the homes for a cheaper price than if the land was pristine.

Grand Sakwa and the township propose a clean up effort involving the chemical magnese, which McIntyre criticized but Viviano said is conventional.

Ford has said it is cooperating and will comply with the state Department of Environmental Quality.

The plaintiffs also accuse Ford of delay tactics since it first learned of the contamination in 2006 but the township didn’t learn about it until 2012. Township officials had long suspected the plant site was contaminated but didn’t know about the spreading until last year.

McIntyre denied that Ford has stalled, noting it first hired experts in 2008.

The 205-acre parcel was home to Visteon; earlier it was called Ford’s Utica Trim Plant.